STATE MAY BECOME SECOND AGGRESSOR OF A WOMAN WHEN THERE IS NO DILIGENCE IN ATTENDING THE DENOUNCES FOR GENDER BASED VIOLENCE
On this occasion the Constitutional Court studied the case of a woman that during the year 2013, asked a commissionaire for family to impose a measure of protection against her ex-couple for the psychological violence that was being inflicted on her by text messages, emails and publications on social media, in which he humiliated her and disqualified her as a mother. Two years later the measures where denied under the argument that it was strange that the victim, on her condition of a psychologist, would have maintained contact with the aggressor instead of looking for help to overcome her situation.
Given the persistence of the acts of violence, the woman initiated a procedure of fulfillment, seeking the imposition of a fine and a sanction of arrest, this wasn’t decided, even though the norm contemplated a maximum term of 10 days for its resolution. During the procedure, the audience of sentence was cancelled six times due to the non-attendance of the servant of the Public Ministry, of the denounced or because the file was located on other institution.
This Court concluded that the irregularities committed by the commissionaire for family during the procedure constituted acts of institutional violence that prevented the claimant to access to an effective protection. For this reason, this Court granted the protection to the fundamental rights of the claimant to the due process, access to justice, habeas data and a life free of violence, and in that sense, ordered the commissary to decide de incident of fulfillment of the measure of protection in the next 48 hours, attending the consideration explained in the sentence. Besides, being acknowledged that the cases such as the present are not isolated, but constitute institutional practices, the Court exhorted the Directive Committee, to start the redesigning of the commissaries, in order to grant the rights of women.